Seitz v. Seitz
Supreme Court of Pennsylvania
Appeal No. 42, July T., 1894, by plaintiff, from judgment of C. P. Lancaster Co., Jan. T., 1889, No. 29, on verdict for defendant. Issue in divorce. The defendant had been personally served with the subpoena. At the trial plaintiff offered her own testimony to establish the charge of adultery; she testified as follows: Q. “State whether or not your husband, Christian Seitz, admitted to you he had committed adultery with Mary Patterson.” Defendant objected. Disallowed.
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Appeal No. 42, July T., 1894, by plaintiff, from judgment of C. P. Lancaster Co., Jan. T., 1889, No. 29, on verdict for defendant. Issue in divorce. The defendant had been personally served with the subpoena. At the trial plaintiff offered her own testimony to establish the charge of adultery; she testified as follows: Q. “State whether or not your husband, Christian Seitz, admitted to you he had committed adultery with Mary Patterson.” Defendant objected. Disallowed. Plaintiff excepted. [1] Plaintiff offered to testify that Christian Seitz told her he had had to do with other women, and when…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
On the trial of an issue in a proceeding for divorce in which the respondent had been personally served with the subpoena, the libellant was not allowed to testify to the conduct of her husband which she had witnessed, or to his statements made to her touching the ground of her complaint. Clause C, sec. 5, of the act of May 23,1887, makes either party in a proceeding for divorce competent to testify against the other when personal service of the subpoena or rule to take depositions has been made, or the opposite party appears and defends. The libellant was clearly…
2Cited by15 opinions
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